Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-21
REGULATION BY THE SHIPPER.

in very large measure the discussion
of the interstate commerce bill, which re-
Gently passed the Senate, has dealt with
the provisions of the bill The measure
is, however, largely experimental. To
realize its gravity, it must he remembered
that II is the first bill of series in new
realm of legislative control. Legislation
having entered new field, it is far more
important to inquire into the foundation
upon which it rests, and the natural tend
encies of legislation in this direction, than
to deal simply with the experimental pro-
visions of an experimental law. By the
passage of this Act the Congress of the
United States declares, first, that it is
within the constitutional powers of that
body TO adjust, by statutory provision, the
relation between shipper and carrier, and
to determine the rate at which the carrier
shall serve the shipper; and, second, it de-
clares in favor of the expediency of such
regulation. The bill, therefore, inaugu
rates an era of statutory regulation of fares
and freights by rail, upon all the commerce
carried between the States. 1t subjects all
the railroad property in the United States
to such limitation of earning capacity as
may be placed upon it by Con
gressional enactment. The Congress of
the United States is the exponent
Of the popular will. The shippers
outnumber the carriers by many hundred
fold. The vast majority, therefore, of ev-
cry constituency are shippers. In repre-
sentative government the will of the
majority amounts to an absolutism. The
oretically the rights of minorities are
maintained by constitutional provisions,
bat Constitutions are merely a species of
supreme law, the changes and modifca-
tions of which are hedged about with more
difficulty than the repeal, amendment or
modification of statutory law. They are
also subject TO the Interpretation of the
Courts, and are simply an expression of
the will of the majority. The Cullom
interstate commerce bill is itself an illus
tration of the facility with which Consti-
buttons may be set aside, and the great
fundamental doctrine of natural rights
may be evaded. The provision which pro-
hibits any carrier from transporting goods
a long distance for a less rate than that
oil arfrod far 4, ebOrta, d;etanca = ~ ;,,,,o
sion of right. The charge for the short
haul may be reasonable and proper one,
and if the freight is carried a greater dis
lance for a less rate, the loss is one volun-
tarily incurred by the carrier. The rate
charged from New York TO Salt Lake, for
illustration, may be a Just and reasonable
compensation for the service rendered. If
carried beyond that point at a lower
rate, then no loss is inflicted
upon the consignee at Salt Lake, but
rather upon the carrier who voluntarily
consents TO perform the greater service be-
yond that point for a less remuneration.
To transport goods a longer distance for
lower compensation may not be the result
Of desire on the part of the carrier, but
rather his misfortune. To deny to him
the right to carry the greater distance for
the smaller compensation is certainly an
invasion of an indefeasibe right 1t is in
effect to deny him the right TO make
small profit where greater cannot be OBJ
tanned, and place him between the alter
natives of lowering the rate to the inter
mediate point or Of raising the rate for the
service rendered at the greater distance
The latter alternative may deny to him
the right to make q small earning Alto
gether.
1t is the first duty of transportation to
adjust itself to the memorable laws of pro-
duetion and commercial exchange To do
this its rules must be sufficiently flexible
to permit that adjustment which will ex-
actly supplement the varying facts and
conditions and necessities of production
and commerce. Long lines of transporta-
ton span the continent from sea to sea. At
their termini they meet ocean COMPETE
ton. At their intermediate stations they
are confronted with the necessity of adj
iusting their rates to the wants and inter
ests of production and commerce. in order
to confer the greatest possible develop
ments.
Since large volume of traffic carried at
a low rate is more profitable than small
volume carried at high rate, the large
volume viii be sought, and the lowest rate
Of transportation possible win be given,
that the development of this larger vol
ume may ensue. At the intermediate sta
ton the inter-dependenceo Of transportation
and production forces the lowest rate con-
sistent with the profitable operation of a
line. The terminal conditions are far
more arbitrary. There a competitive re-
lation with cheaper means OF transporta-
ton establishes by the most arbitrary de-
eiee low rates o. transportation and